Found 663 results · Showing 211–240
statement in a pleading or indictment which expresses or charges a thing alternatively, with the conjunction “or;” for instance, an averment that defendant “murdered or caused to be murdered,” etc., would be of this character.
‘To justify; to clear one’s self of a fault; ‘to traverse an indictment; to disprove. Enc. Lond. .
DISTRIBUTEE. An heir; a person entitled to share in the distribution of an es tate. This term is admissible to denote one of the persons who are entitled, under the Statute of distributions, to the personal estate of one who is dead intestate. Henry ...
(Sax.) Doom; sentence; judg-
(Bring with you, although sick.) In practice. An ancient writ, now obsolete, directed to the sheriff, upon a return that he could not bring his prisoner without danger of death, he being adeo languidus, (so sick;) whereupon the court granted a habeas...
which lay for a man who had aliened lands under duress by imprisonment, to restore to him his proper estates. 2 Inst. 482. Abolished by St. 3 & 4 Wm. IV. c 27.—Duam fuit ra setatem. (While he was within age.) In old English practice. A writ of entr...
6c., twelve witnesses to purge a criminal of an offense. .
(From Lat. duplicatio, c. v.) In Scotch pleading. The defendant’s answer to the plaintiff's replication.
means the amount owned by the company over and above its capital and actual liabilities. rohibited from doing something otherwise law- ‘ul upon his estate, because it will affect the dominant estate, (as interrupting the light and air from the lat...
482.—Criminal cone versation. Adultery, considered in its aspect of a civil injury to the Eusband entitling him to damages: the tort of debauching or seducing of a wife. Often abbreviated to crim. con.— Criminal intent. The intent to commit a cri...
SINE DIE. In criminal
619. 55. 6090.—Cross-appeal. Where both parties 869; State v. Compson, 34 Or. 25, 54 Pac. 349; Reid v. Gorsuch, 67 N. J. Law, °896, 51 689; Barrett v. Bloomfield Sav. Inst., 64 746; Feeney v. Howard, 79. Cal. 525, 2] 234; Hunter v. State, 29...
(Pa.) 540.—Nyme phomania. A form of mania characterized by a morbid, excessive, and uncontrollable cravin for sexual intercourse. This term is appli only to women, The term for a corresponding mania in men is “satyriasis.”"—Erotomania. A form...
211.—Keep house. The English bankrupt laws use the phrase “keeping house” to denote an act of bankruptcy. It is committed when a trader absents himself from his place of business and retires to his private residence to evade the importunity of ...
murders, emblere de gentz, and robberies are committed,” ete.
c. 16, enabling aA person accused of a crime committed out of the jurisdiction of the central criminal court, to be-tried in that court. °
to remove both the body and the record, touching the cause of any man lying in execution upon a judgment for debt, into the king’s bench, there to remain until he satisfied the aps, ag Cowell; Blount.Oorpus delicti. he body of a crime. The body (ma...
1, ce 13, § 3. The killing of any person under the king’s peace, with malice prepense or aforethought, either express, or implied by law. 1
v. Paterson, 41 Ga. 364, 5 Am. Rep. 535.—Common-law crime. One punishable by the force of the common law, as distinguished from crimes created by statute. In re Greene (C. OC.) 52 Fed. 104.— OCommon-law jurisdiction. Jurisdiction of a court to tr...
EBRIETY. In criminal law and medical jurisprudence. Drunkenness; alcoholic intoxication. Com. v. Whitney, 11 Cush. (Mass.) 479.
L. Fr. To appear before a tribunal either as plaintiff or defendant. Kelham.
Lat. In old practice. An escape from prison or custody. Reg. Orig. 312.
comprehends everything that nae l be adduced at a trial, within the legal rules, for the purpose of producing conviction in the mind of judge or jury, aside from mere argument; that is, everything that has a probative force intrinsically, and not mer...
From a delict, tort; fault, crime, or malfeasance. In both the civil and the common law, obligations and causes of action are divided into two great classes,—those arising ez contractu, (out of a contract,) and those ez delicto. The latter are such...
Be frequenti delicto augetur pona. ‘2 Inst. 479. Punishment increases with increasing crime.
From malice; maliciously. In the law of libel and slander, this term imports a publication that is false and without legal excuse. Dixon v. Allen, 69 Cal. 527, 11 Pac. 179.
From office; by virtue of the office; without any other warrant or appointment than that resulting from the holding of a particular office. Powers way be exercised by an officer which are not specifically conferred upon him, but are necessarily impli...
554. ‘Thus, it has been granted to remove a person in custody for contempt to take his trial for rjury in another county. 1 Tyrw. 185.— eas corpus ad faciendum et recipiendum. A writ issuing in civil cases to remove the cause, as also the body of...
EX PARTE TALIS. A writ that lay for a builiff or receiver, who, having auditors appointed to take his accounts, cannot obtain of them reasonable allowance, but is cast into prison. Fitzh. Nat. Brev. 129.
malice aforethought. Reg. Orig. 102.